Blanks v. Walker
Supreme Court of Alabama
Appeal from Chancery Court of Marengo. Heard before Hon. A. W. Dillard. The appellant, Blanks, in November, 1874, filed this bill against the appellee, Mims, to enjoin the latter fiom prosecuting an action at law against him upon a note given for the purchase money of lands, &c.
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Appeal from Chancery Court of Marengo. Heard before Hon. A. W. Dillard. The appellant, Blanks, in November, 1874, filed this bill against the appellee, Mims, to enjoin the latter fiom prosecuting an action at law against him upon a note given for the purchase money of lands, &c. Blanks purchased certain lands of Mims, paying part in cash and giving his note for the remainder of the purchase money, and thereupon entered into possession and erected valuable improvements, receiving from Mims a bond for title, which bound him to execute a “ conveyance in fee simple,” upon full payment. The bill…
1Opinion of the CourtStone, J.
We can not agree with appellant that the record fails to show the amended answer was allowed by the chancellor. His order made in vacation, dated September 14th, 1875, considered in connection with the motion of defendent to be allowed to file an amended answer, amounts to an order by him allowing such answer to be filed. We think, also, that when he ordered the answer to be filed as of that date, it was permissible for him to consider its denials when the case came afterwards before him- — October 2d — -on motion to dissolve the injunction. The answer being allowed by the chancellor, and…
2Cases cited6 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- McLemore v. MabsonSupreme Court of Alabama · 1852
- Elliott v. BoazSupreme Court of Alabama · 1846
- Clements v. LogginsSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nicolopoolos v. HillSupreme Court of Alabama · 1928
- Jackson v. ElliottSupreme Court of Alabama · 1892
- Drake v. NunnSupreme Court of Alabama · 1923
- Gillham v. WalkerSupreme Court of Alabama · 1902
- Rarden v. BadhamSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.